Rights-based regulation
Legislators and regulators across the world are changing their approach to holding tech companies responsible for human rights violations linked to, contributing to, or caused by digital products and services. The relevant regulatory and policy areas are diverse, ranging from data protection, privacy, platform regulation and consumer protection to child online protection, artificial intelligence governance, and equitable access to digital technologies.
Putting human rights and the rights of children, vulnerable and marginalised groups first, especially those affected by legal measures, is key to ensuring legal measures live up to their goal of enhancing human rights for all in the digital environment.
Services
If you are considering developing or amending laws and policies, or putting in place governance structures for digital technologies, Tech Legality will provide you with a holistic, human rights-based advisory package including the following services:
- Mapping of legislative and policy approaches, nationally and internationally
- Comparative legal analysis for legislative developments
- Gap assessments of legislative and policy approaches, nationally and internationally
- Impact assessments of planned legislative and policy interventions
- Legislative drafting and expert briefs
- Convening of multi-stakeholder consultations and consensus-building
- Consultations with affected populations, especially vulnerable groups such as children and marginalised populations.
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Responsible technology
If you are a company offering a technology product or service, it is likely you are having both positive and negative impacts on society and human rights. It is natural to focus on the positive benefits and potential impacts when creating new concepts and ideas since this is the joy of the creative process. However, there can be risks to society and to human rights that may not be considered but could be mitigated at the design phase and on an ongoing basis as your product develops and evolves. Tech Legality can support you through such a risk assessment and risk mitigation process, helping to tackle difficult topics head on before they become business risks or a wider concern.
Of course, technology products and services are not only deployed by the private sector, but can also be used by public authorities, civil society organisations, international NGOs and humanitarian agencies. In each case, we take clients through a human rights impact assessment process, helping to ensure well-intentioned efforts to deploy technology for good do not cause unanticipated harm, and that they comply with relevant laws and best practices.
Services
We offer expert advice on human rights due diligence and, as part of this process, provide guidance on how to address some of the trickiest topics of our time, such as:
- Integration of human rights considerations into product and service design and development
- Human rights due diligence that incorporates child rights, and centres vulnerable and marginalised populations
- Development of effective and rights-based trust and safety standards, policies and processes
- Advice on development and implementation of age assurance mechanisms
- Inclusion of rights and wellbeing of people in the Majority World, who may be impacted by technology products
- How to consider the environmental impact of tech products and services, which are interrelated with human rights impacts
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Robust research
Technology is developing rapidly, and the pace of change is only likely to get quicker. This means that laws and policies need to keep up with the development of new technologies. Cutting-edge research and analysis is needed to understand how existing laws and regulations can be applied to new contexts such as augmented reality, virtual reality, the metaverse, and artificial intelligence, and where gaps need to be filled. Understanding the impact of technologies on affected populations through participatory research is key to designing a digital environment that caters to the most vulnerable populations.
At the same time, new technologies also need to keep pace with the proliferation of new regulations emerging globally as governments attempt to balance support for innovation with the duty to protect society and human rights. Research and analysis of this rapidly developing legal and regulatory landscape can help companies to ensure they do not incur compliance risks.
Services
Tech Legality can provide comprehensive and multidisciplinary research, analysis and strategic guidance in both cases, with a unique understanding of the global picture in terms of laws, regulations and technology trends that encompasses:
- National, regional and global trend analysis regarding laws
- Gap assessments and strategy development
- Impact assessments and evaluations
- Studies, reports, guidelines and guidance notes
- Standards development for digital product and service design
- Consultations with affected populations, in particular children and vulnerable communities
Want to talk human rights and tech?